KSW Successful Cases: Achieving Positive Outcomes

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WCAT No. A1604273 & A18012412

Our client was a health care worker who injured her shoulder at work. The Board denied her compensation and claimed her injury was pre-existing. We retained a shoulder expert and successfully appealed to WCAT, resulting in the injury being accepted. The Board then tried to limit compensation for the accepted injury. We appealed to WCAT again and the client received fair compensation, including retroactive benefits of over $30,000.

WCAT No. A1607061

Chris’ client was a long-haul truck driver who suffered a serious knee injury. During the course of treatment, the client suffered a new tear in his knee which the Board refused to recognize. After our successful appeal to WCAT, the client received a retroactive payment of $107,000 and his entitlement to ongoing benefits and retraining was restored.

WCAT No. A1703349

Our client was a delivery driver who injured himself in the course of work. He developed piriformis syndrome and chronic pain. WorkSafeBC suggested he retrain as a laundry worker and cut off benefits. We appealed to WCAT and the decision was overturned. Our client eventually received a 100% loss of earnings pension.

Royal Canadian Legion Branch Maple Ridge Branch #88 v Service, Health, Manufacturing and Allied Workers Union, CLAC Local 501, 2016 CanLII 44229 (BC LRB)

Chris represented the Employer in defending a reconsideration application before the Labour Relations Board involving the description of a bargaining unit in the context of a union raid application. The union’s resonsideration application was denied.

Sidhu v. Sever, 2014 BCPC No. 20971, Abbotsford Registry

Chris represented the claimant in a breach of contract action regarding a construction dispute. After a four day trial, our client was awarded judgment. The judgment was unique in that the court accepted our client’s argument for compensation based on contractual restitution under the principles of quantum meruit.

WCAT No. A1602170

We acted for a landscape construction company that was fined just under $32,000 when two of its workers failed to wear a seatbelt while driving a tractor on a large construction project in Abbotsford. After an appeal to WCAT, the penalty was downgraded to a lesser category and cut in half.

Montgomery-Caplette v. Goldy Kang Real Estate Group

Neiser v. Su, 2014 BCHRT 190

Chris acted for the landlord of a premises in which the tenant alleged discrimination on the basis of a medical disability. The landlord had evicted her following the discovery of a modified electrical panel to support a marijuana grow operation and the tenant’s refusal to allow for repairs to the unit. We applied to dismiss the complaint and the Tribunal granted the application, finding the complaint had no reasonable prospect of success and the allegations as merely speculative and conjectural.

Neiser v. Su, 2014 BCHRT 190

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